—No. 4.— Lands Not Included In Any Settlement.

New Zealand Spectator and Cook's Strait Guardian, Volume v, Issue 426, 1 September 1849, Page 4

—No. 4.— Lands Not Included In Any Settlement.

TERMS OF PASTURAGE, UNTIL FURTHER NOTICE. The Court of Directors of the New Zealand Company are prepared to allow, until fur- j ther notice, tbe issue of licenses for the pasturage of lands iv New Zealand at the disposal of the Company and not included in any settlement, under such regulations, subject to the following conditions, as may be prescribed from time to time by the Company's Principal Agent in New Zealand or other officer duly authorised iv that behalf. But with regard to lands in the immediate vicinity of the Otago block, such regulations will become subject hereafter to the particular provisions contained in the terms laid down separately for that settlement. Duration of Licenses. 1. — Licenses for the pasturage of land at the disposal of the Company and not included in any settlement, while such land continues unappropriated and not required for any purpose other than pasturage, to be granted for periods not exceeding one year, to end on the 31st of December in each year but to be otherwise sooner determiuable as hereinafter mentioned. Licenses. 2. — Licenses for particular pasturage runs to be granted to the persons who may first make application for such runs, respectively, in accordance with the rules laid down in paragraph 3. In the event of two or more persons making application for the same run in accordance with the said rules, one of which persons is at the time the licensee of the said run, a preference to be given to such licensee, subject of course to the conditions which may be m force at the time. In all other cases, simultaneous applications to be decided by lot. Applications for Licenses. 3. — Applications for such licenses to be made in writing ; to be delivered to such persons and at such times and places as may be respectively appointed by tbe Company's Principal Agent or other authorised officer, and to contain the following particulars, or such others as the said Agent or other officer may deem necessary, viz. :—: — Name and residence of the applicant. Situation, boundaries, and estimated extent of the pasturage run applied for ; Estimated quantity of live stock which the said run is capable of sustaining ; and, Number and description of the live stock proposed to be depastured under the license. Apportionment of Pasturage. 4. — The extent of the pasturage run to be comprised in any license, the boundaries of the run therein specified, and the quantity of live stock which the said run is to be deemed capable of sustaining, to be decided, by the Company's Principal Agent or other authori-

seil officer ; and, in the event of difference between such Agent or officer and the applicant, by two arbitrators, one appointed by each of the said parties, with power to elect an umpire. The boundaries of each pasturage run, if not marked by streams or other natural boundaries, to be marked by the licensee, by lines of marked trees, by posts placed at intervals, or by some other method which will render them easily discernible. Yearly Charges on Licenses. 5. — Each license to be subject to a yearly charge (exclusive of the fee on its issue), payable as undermentioned, and calculated on the quantity of live stock which the pasturage run therein specified is deemed capable of sustaining, at the following rates, viz. :—: — For Sheep, each Id . For Horned Cattle or Horses, each Bd. The said charge to be paid half yearly in advance, under penalty of forfeiture and determination of the license, and to continue to be so paid whether the run be actually used by the licensee or not. A proportionate part to be returned, in the event of license being either wholly or partially determined or abridged before the expiration of the half year. Fees on Licenses. 6. — On the issue of each license, a fee to be paid of an amount to be fixed by the Company's Principal Agent or other authorised officer, not exceeding five pounds, in addition to the half year's charge above mentioned. One-bait' only of such fee to be paid upon any license issued subsequently to the 31st of May for the portion of the year ending on; the 31st of December following. Reservation of Rights. 7. — The license to be subject to determination or abridgment, and any portion of the pasturage run to be liable to be taken at any time by the Company's Principal Agent or other authorised officer, for any purpose other than pasturage, after a notice of six months, without reference to the date or commencement of the license. No license to confer any right to the soil ; or power of breaking up the same, or of subletting the pasturage, without the consent of the Company's Principal Agent or other authorised officer : or otherwise to abridge or suspend the rights and powers of the Company in and over the land to be depastured. Improvements. 8. — No allowance to be made to the holder of any license for any improvements he may think proper to effect. Disputes among individuals. 9. — Disputes among applicants or licensees to be determined either by arbitration or by lot, if the paities concur in desiring either of thi.se modes of decision ; and in default of such concurrence, by the Company's Principal Agent or other authorised officer. Such determination to be in every case conclusive and binding as against all parties interested. But if the Company's Agent or other officer decline to give any decision, the parties to be at liberty to have recourse to such remedy as they possess at law or in equity. Non-observance of Terms. 10. — In the event of neglect or non-ob-servance, by any Licensee, of these terms or of the regulations to be prescribed by the Company's Principal Agent or other authorised officer as above-mentioned, the license to be ipso facto determined and to become null and void as by lapse of time ; and the Company's Principal Agent or other authorised officer to be at liberty to lesume forthwith the pasturage-run therein-mentioned, and to dispose of the same as if no license had ever been issued. Non-surrender of possession. 11. — In the event of refusal or neglect to give up possession on the determination of any license by lapse of time or otherwise, the licensee to be liable, during the continuance of such refusal or neglect, for the payment of a sum equal to three times the amount of the charge reserved in the said license, without prejudice to any other right or remedy which the Company may possess. By order of the Court, Thomas Ctjdbert Harington, Secretary. New Zealand House, 9, Broad Street Buildings, London, 23rd March, 1849.